A/HRC/14/23
case should restrictions on the freedom of expression be used to stifle minorities’ and
indigenous peoples’ legitimate claims to their rights.
63.
In accordance with general comment No. 23 of the Human Rights Committee on the
rights of minorities (article 27 of the Covenant), the Special Rapporteur recalls that even
when individuals are not citizens of the State where they live or happen to be, “a State party
is required […] to ensure that the rights protected under the Covenant are available to all
individuals within its territory and subject to its jurisdiction” (para. 5.1). The Special
Rapporteur also reiterates that migrants and migrant communities, regardless of their legal
migratory status, are fully entitled to exercise freedom of expression.
64.
The Special Rapporteur reiterates the comments of the Human Rights Committee in
noting that Governments should ensure that minorities exercise their freedom of opinion
and expression so that they can enjoy their own culture, profess and practise their own
religion and use their own language in accordance with article 27 of the Covenant.
65.
The final declaration of the Durban Review Conference made an important
contribution to our understanding of the role of freedom of expression in combating
discrimination and racism, highlighting, in paragraph 58 of the outcome document, “that
the right to freedom of opinion and expression constitutes one of the essential foundations
of a democratic, pluralistic society and stresses further the role these rights can play in the
fight against racism, racial discrimination, xenophobia and related intolerance worldwide”.
In this regard the Special Rapporteur encourages all Governments to develop a culture of
peace based on information, the free exchange of ideas and knowledge, dialogue and
tolerance between cultures in order to promote respectful intercultural relations and to
break down existing stereotypes and prejudices.
4.
Community-based media
66.
The right to freedom of opinion and expression includes the freedom for minority
and excluded groups to give, receive and transmit information. Community-based media
are effective ways to accomplish that, and it is the duty of Governments to assist and
support them in doing so and to ensure equitable access. The Special Rapporteur reiterates
the call to Governments, made in paragraph 3 of the relevant section of the Colombo
Declaration, to “develop national policies that address access to, and participation in,
information and communication for people living in poverty, including access to licenses
and fair spectrum allocation”.
67.
Protecting disadvantaged social groups’ right to freedom of expression requires
Governments to create a legal framework for telecommunications which is based on
democratic principles and which seeks to provide access to all sectors of society.
Community-based media should serve as a tool for local communities and should be
representative of their diverse interests.
68.
The Special Rapporteur defines community-based media as non-governmental,
public interest radio stations and print media that are run by civil society institutions,
organizations or associations and any type of non-profit organization run by indigenous
peoples for educational, informative, cultural or communal goals purposes. These media
work for the development of different sectors of a territorial, ethno-linguistic or other
community. They share their communities’ interests, challenges and concerns and seek to
improve the quality of life of their community and to contribute to the well-being for all its
members. They must not be used as instruments for political campaigning.
69.
In order for all sectors of society to have access to information and the opportunity
to participate in the national public debate, it is important to uphold the principle of media
diversity and pluralism and to do away with monopolies and large media consortia. The
concentration of the media leads to a concentration of political power and jeopardizes
GE.10-13049
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